The Difference Between a vaccine mandate and mandatory vaccination AUTHOR Deborah Pearmain
PEER REVIEWER: Rajesh Patel
Executive summary In South Africa, the term ‘vaccine mandate’ refers to national health policy determined by the National Executive or the Minister of Health in terms of the Constitution and other legislation to provide vaccinations for COVID-19 or other diseases as prophylaxis. Mandatory vaccination is vaccination required in terms of a law or a contract or both, refusal of which may have legal consequences for the person required to be vaccinated. The constitutional rights to privacy and bodily and psychological integrity are not absolute and may be limited in terms of section 36 of the Constitution.
Introduction According to the dictionary, a mandate is an official order or commission to do something. It implies the authority to carry out a policy or act in a certain way described in the terms of the mandate. The South African Constitution states in section 85 that the executive authority of the Republic is vested in the President. The President exercises the executive authority, together with the other members of Cabinet, by developing and implementing national policy and by implementing national legislation except where the Constitution or an Act of Parliament provides otherwise. The President together with Cabinet can decide that it is national policy to provide COVID-19 vaccinations to people. The Minister of Health is a member of Cabinet and can make decisions on national health policy. The Director-General of the National Department of Health is responsible for implementing national health policy in terms of section 21 of the National Health Act No 61 of 2003. The South African Constitution confers on everyone the right to bodily and psychological integrity. This right includes the right to security in and control over one’s own body and the right not to be subjected to medical or scientific experiments without informed consent.
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2 0 2 1 SOU T H ERN AFRICAN H E A LT H JO UR N A L P U B L I S H E D B Y T H E B O A R D O F H E A LT H C A R E F U N D E R S
